Laura Sharman 29 October 2014

‘Unlawful’ ruling could impact future consultations warn lawyers

Lawyers are warning that local authorities must ensure local people are properly consulted when making cuts or service changes, following a Supreme Court ruling.

A Supreme Court has ruled that Haringey Council’s consultation on its proposed council tax scheme was ‘misleading’ as it implied the council had no alternative but to make the poorest residents pay council tax for the first time.

Michelle Moseley, a single mother of four, challenged the consultation by arguing it didn’t provide enough information for people to make an informed response to the proposed changes.

The Supreme Court has now ruled the consultation was ‘unlawful’ as it ‘misleadingly’ implied that there were no possible alternatives.

Law firm Irwin Mitchell, who represented Ms Moseley, said this is the first time the Supreme Court has ruled on issues relating to consultations, and warned it could impact on anything from cuts to services or care home closures.

Alex Rook, a specialist health and welfare lawyer at Irwin Mitchell, said: ‘Today’s ruling will send a very clear message to all local authorities that they need to ensure that their consultations present the options in an accurate way and truly involve local people in the decision making process.

‘Following today’s judgment local authorities and other public bodies should be in no doubt that they cannot hide away from the true reasoning behind their decisions, and will be required to give the public more information about the possible options and the reason why they favour their proposal. The case is a good example of where judicial review and legal aid have been used positively to hold local councils to account.’

A Haringey Council spokesperson said: 'We accept the court’s judgment and will now consider its findings.'

Will devolution deepen the UKs social divide? image

Will devolution deepen the UK's social divide?

As the UK Government advances its devolution agenda, shifting power from Westminster to new regional authorities, it’s fair to ask what it means for diversity, equity, and inclusion (DEI), says Gita Singham-Willis, Strategic Engagement Director at Transform UK.
SIGN UP
For your free daily news bulletin
Highways jobs

Care Home- Shift lead (Obelisk)

West Northamptonshire Council
£28,716
We have an opportunity within Obelisk House, which provides exceptional levels of support to older persons living with Dementia, Physical disabilities or /and Sensory impairments. Situated in a residential suburb in Northampton, offering a wonderful livi Northampton
Recuriter: West Northamptonshire Council

Community Learning and Skills Tutor - WMF2620e

Westmorland and Furness Council
£32,061 £32,597 (pro rata)
We are looking for an inspirational tutor to deliver Arts and Crafts classes in sewing and textiles Penrith, Cumbria
Recuriter: Westmorland and Furness Council

Gardener

Ribble Valley Borough Council
£26,403 to £26,824 per annum
Enthusiastic and self-motivated, you will carry out general maintenance of parks, playing fields and other open spaces Clitheroe, Lancashire
Recuriter: Ribble Valley Borough Council

Senior Occupational Therapist (Housing)

The Royal Borough of Windsor & Maidenhead
£44,498 - £48,947 per annum
We have an exciting opportunity for a Senior Occupational Therapist to join us! Maidenhead, Berkshire
Recuriter: The Royal Borough of Windsor & Maidenhead

GIS Senior Planning Assistant

North Yorkshire Council
£31,537 to £34,434 per annum
Our Planning Services team plays a vital role in shaping the natural and built environment across the county. Northallerton, North Yorkshire
Recuriter: North Yorkshire Council
Linkedin Banner